The Courts

In 2020, the people who play the largest role in shaping health care policy may not be members of Congress, officials at CMS, or even presidential candidates -- they may be federal judges.

The Supreme Court is already moving quickly on Democrats’ request that it promptly review the constitutionality of the Affordable Care Act: Parties in the case have until Friday (Jan. 10) to respond to calls by the House of Representatives and state Democratic attorneys general for the high court to expeditiously review Texas v. USA.

Dialysis stakeholders are cheering a California federal judge’s Monday decision blocking the state from implementing a controversial new law that bars patient steering and limits reimbursements for patients who receive charitable help with premiums, and at least one analyst says the move could calm fears that similar legislation might take hold in other states.

A federal appeals court created even more uncertainty over the future of the Affordable Care Act when it agreed Wednesday that the law’s individual mandate is unconstitutional but punted back to a lower court to decide which other pieces of the law remain valid -- a highly anticipated ruling that led to more sparring between Democrats and Republicans who view the case through an election lens, opposition from health care stakeholders that benefit from the ACA, and predictions among legal experts on whether the Supreme Court might hijack the case during the election season.

The government on Thursday (Dec. 12) appealed a federal district court’s ruling that CMS lacked authority to impose deep reimbursement cuts for clinic visits at certain off-campus facilities.

CMS tells Inside Health Policy it plans to repay hospitals that sued over 2019 pay cuts from the agency’s so-called site-neutral policy.

The U.S. District Court of the District of Columbia ruled on Friday (Dec. 6) that FDA cannot regulate Genus Medical Technologies’ barium sulfate contrast agent as a drug because it qualifies as a medical device under the statute.

A federal appeals court sided with the Trump administration Thursday (Dec. 5) and lifted two injunctions against the so-called public charge rule, but two other nationwide injunctions remain in effect, blocking the administration from implementing the rule.

The Republican leaders of Michigan’s legislature on Tuesday (Dec. 3) rejected a call from the Democratic governor to suspend the state’s Medicaid work requirements in light of a new lawsuit challenging their legality.